[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR25.203]



[Page 75-76]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                      CHAPTER I--OFFICE OF WORKERS'

                         COMPENSATION PROGRAMS,

                           DEPARTMENT OF LABOR

 

PART 25_Compensation for Disability and Death of Noncitizen Federal 

Employees Outside the United States--Table of Contents

 

      Subpart C_Extensions of the Special Schedule of Compensation

 

Sec.  25.203  How is the Special Schedule applied to non-resident aliens 

in the Territory of Guam?



    (a) The special schedule of compensation established by subpart B of 

this part shall apply, with the modifications or additions specified in 

paragraphs (b) through (k) of this section, to injury or death occurring 

on or after July 1, 1971 in the Territory of Guam to non-resident alien 

employees recruited in foreign countries for employment by the military 

departments in the Territory of Guam. However, the Director may, in his 

or her discretion, adopt the benefit features and provisions of local 

workers' compensation law as provided in subpart A of this part, or 

substitute the special schedule in subpart B of this part or other 

modifications of the special schedule in this subpart C, if such 

adoption or substitution would be to the advantage of the employee or 

his or her beneficiary. This schedule shall not apply to any employee 

who becomes a permanent resident in the Territory of Guam prior to the 

date of his or her injury or death.

    (b) Death benefits. 400 weeks' compensation at two-thirds of the 

weekly wage rate, shared equally by the eligible survivors in the same 

class.

    (c) Death beneficiaries. Beneficiaries of death benefits shall be 

determined in accordance with the laws or customs of the country of 

recruitment.

    (d) Burial allowance. 14 weeks' wages or $400, whichever is less, 

payable to the eligible survivor(s), regardless of the actual expense. 

If there is no eligible survivor, actual burial expenses may be paid or 

reimbursed, in an amount not to exceed what would be paid to an eligible 

survivor.

    (e) Permanent total disability. 400 weeks' compensation at two-

thirds of the weekly wage rate.

    (f) Permanent partial disability. Where applicable, the compensation 

provided in paragraphs (c) (1) through (19) of Sec.  25.100, subject to 

an aggregate limitation of 400 weeks' compensation. In all other cases, 

that proportion of the compensation provided for permanent total 

disability (paragraph (e) of this section) which is equivalent to the 

degree or percentage of physical impairment caused by the disability.

    (g) Temporary partial disability. Two-thirds of the weekly loss of 

wage-earning capacity.

    (h) Compensation period for temporary disability. Compensation for 

temporary disability is payable for a maximum period of 80 weeks.

    (i) Maximum compensation. The total aggregate compensation payable 

in any case, for injury or death or both, shall not exceed $24,000, 

exclusive of medical costs and burial allowance. The weekly rate of 

compensation for disability or death shall not exceed $70.



[[Page 76]]



    (j) Method of payment. Compensation for temporary disability shall 

be payable periodically. Compensation for permanent disability and death 

shall be payable in full at the time the extent of entitlement is 

established.

    (k) Exceptions. The Director may in his or her discretion make 

exception to the regulations in this section by:

    (1) Reapportioning death benefits for the sake of equity.

    (2) Excluding from consideration potential beneficiaries of a 

deceased employee who are not available to receive payment.

    (3) Paying compensation for permanent disability or death on a 

periodic basis, where this method of payment is considered to be in the 

best interest of the employee or his or her beneficiary(ies).



[[Page 77]]